Review of Statutory Duties

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Department Theme Legislation Year Title of duty Function - What is it intended to achieved?
Number

Children and Young Persons Act 1963 Section 37. Duty on local authority to consider licence Local authorities have a duty to safeguard children who
Secondary - The Children (Performances) Regulations 1968. applications for children to take part in take part in performances by ensuring adequate
performance or take part in paid sports or paid protections are in place, for example, regulating the hours
modelling work. of performance and breaks, the provision of a chaperone
Department for Children and Young
DFE_001 1963 to protect the child's welfare and the provision of education
Education People
when children are missing school. This legislation is
currently being reviewed to see how it can be updated,
streamlined and made more proportionate to risk.

Children Act 1989 as amended by section 52 of the Children Promoting the educational achievement of looked Addressing the significant degree of educational
Act 2004 Section 22(3)a. after children. underachievement of looked after children compared to all
Secondary - Section 22(3)a of the Children Act 1989 placed children.
a duty on local authorities to safeguard and promote the
Department for Children and Young
DFE_002 welfare of a child looked after by them. Section 52 of the 2004
Education People
Children Act 2004 amended that to include a particular duty
on local authorities to promote their educational
achievement.

Children Act 1989 and those in Parts 4 and 5 under section Complaints procedures for looked after children, Ensuring local authorities have in place a complaints
24D Sections 26(3) and 24D children in need, care leavers and others about procedure for looked after children, children in need, care
Secondary - Children Act 1989 Representations Procedure the discharge of LA functions under Part 3 of the leavers and others about the discharge of their functions.
Department for Children and Young (England) Regulations 2006. Children Act.
DFE_004 1989
Education People Regulations extend the right to make complaints
about other LA functions, including in respect to
adoption and special guardianship.

Children Act 1989 Section 27 Family law private and public: Imposes a general Imposes a general duty to safeguard and promote the
duty on local authorities to safeguard and welfare of children 'in need'. Children who are defined as
promote the welfare of children in need in their in need under the Children Act 1989 are those whose
Department for Children and Young
DFE_005 1989 area and so far as is consistent with that duty to vulnerability is such that they are unlikely to reach or
Education People
promote the upbringing of children by their maintain a satisfactory level of health and development, or
families by providing a range and level of their health and development will be significantly impaired
services appropriate to those children's needs. without the provision of services.
Children Act 1989 as amended by Sections 17A (inserted by Direct payments and vouchers for parents of Section 17A provides power to make regulations requiring
the Health and Social Care Act 2001) and 17B (inserted by disabled children local authorities to offer to make direct payments to parents
the Carers and Disabled Children Act 2000). of disabled children and disabled 16 and 19 year olds,
Secondary - The Community Care, Services for Carers and rather than provide services under section 17 of the
Department for Children and Young Children's Services (Direct Payments) (England) Children Act 1989. The 2009 Regulations set out the
DFE_006 1989
Education People Regulations 2009 and the Carers and Disabled Children details of that duty. Section 17B provides power to make
(Vouchers) (England) Regulation 2003. regulations to enable local authorities to issue vouchers to
parents of disabled children to exchange for short breaks.
The 2003 Regulations set out details of the scheme.

Children Act 1989, as amended by Section 25 of the
Children and Young Persons Act 2008, Paragraph 6(1)(c) of
Schedule 2. It is proposed to bring this amendment into
force on 1 April 2011.
Department for Children and Young Secondary -The Breaks for Carers of Disabled Children
DFE_007
Education People Regulations 2010, which have been laid before Parliament
and should come into force on 1 April 2011.
Duty to provide short breaks services to assist
carers of disabled children.
1989
Local authorities must provide services designed to
minimise the effect on disabled children within their areas
of their disabilities and give such children the opportunity to
lead lives which are as normal as possible. The Short
Breaks duty requires local authorities to provide, as part of
the range of services they provide for families, breaks from
caring to assist parents and others who provide care for
disabled children to continue to do so, or to do so more
effectively.

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 Review of Statutory Duties

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Department Theme Legislation Year Title of duty Function - What is it intended to achieved?
Number

Children Act 1989 Section 47 Local authority's duty to investigate: the local To ensure local authorities make enquiries when there are
authority is required to make enquiries when it is suspicions that a child is being harmed to decide whether
Department for Children and Young
DFE_008 1989 suspected that a child may be suffering harm and they should take any action to safeguard or promote the
Education People
to decide whether they should take action to welfare of a child - and to act on the conclusions of those
safeguard or promote the child’s welfare. enquiries.
Children Act 1989 Section 16 Court Orders: Power for the court to make a Intended to trigger professional support for up to 12
family assistance order requiring the Children months to assist a family in resolving conflicts arising from
Department for Children and Young and Family Court Advisory and Support Service relationship breakdown. The Family Justice System is
DFE_009 1989
Education People or a local authority to appoint an officer to advise currently under review.
or assist anyone such as a parent or guardian
named in the order.
Children Act 1989 Section 37 Court orders: The Children Act 1989 provides Where concerns about children's welfare emerge during
that a court, in any family proceedings, may direct any family proceedings, this provides a way of ensuring
a local authority to undertake an investigation of those needs are properly investigated and a care and
Department for Children and Young a child’s circumstances. The local authority must supervision application is triggered if need be. The Family
DFE_010 1989
Education People consider whether they should initiate care or Justice System is currently under review.
supervision proceedings, provide services or
assistance or take any other action with respect
to the child.
Children Act 1989 Section 31 The Children Act 1989 provides that the court Provides a mechanism, when children are at significant
may make a care or supervision order on the risk of harm, for local authorities to apply to the courts for
application of any local authority. Where an them to be placed into their care or under their supervision.
Department for Children and Young
DFE_011 1989 application is made on which a care order might The Family Justice System is currently under review.
Education People
be made, section 31A provides that it is for local
authorities to prepare care plans for the future
care of the child.
Children Act 1989 Sections 85, 86 and 86A of, and Safeguarding and visiting children placed in long Ensuring local authorities, when they are notified that
paragraph 8A of Schedule 2, amended by Children and term placements who are not looked after. children have been accommodated under health or
Department for Children and Young Young Persons Act 2008. education legislation, visit the child and take such steps as
DFE_012 1989
Education People Secondary - The Visits to Children in Long-Term Residential are reasonable to determine the child's welfare is
Care Regulations 2011 (due to come into force on 1 April adequately safeguarded and promoted. This is not yet in
2011). force.
Children Act 1989 Part 9 of, and Schedule 8. Secondary - Private fostering: Local authorities are required Regulations set out in more detail local authorities’ duties
The Children (Private Arrangements for Fostering) to satisfy themselves that the welfare of privately once they have been notified that a child is, or is going to
Department for Children and Young
DFE_013 Regulations 2005. 1989 fostered children in their area is safeguarded and be, privately fostered and stipulate when and how the visits
Education People
promoted. to privately fostered children should take place.

Children Act 1989, Section 17 (and related duties in Places a duty on local authorities to safeguard To ensure a focus on how well children in need are
Schedule 2 to the Act) and promote the welfare of children in their area progressing and whether their development will be
who are in need. And, so far as is consistent with impaired without the provision of services.
Department for Children and Young that duty, to promote the upbringing of such
DFE_014 1989
Education People children by their families, by providing a range
and level of services appropriate to those
children's needs.

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 Review of Statutory Duties

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Number

Children Act 1989. Section 26
Secondary - the Review of Children's Cases Regulations
1991 (SI 1991/895).
[From 1 April 2011, the duty to appoint an IRO is set out in
Department for Children and Young
DFE_015 Section 25A of the Children Act 1989, as amended by
Education People
Children and Young Persons Act 2008. Part 6 of the Care
Planning, Placement and Case Review (England)
Regulations 2010 will replace the 1991 Regulations in
respect of looked after children case reviews.]
Children Act 1989. Section 34
Secondary - Contact with Children Regulations 1991
(SI1991/891) . From 1 April 2011, provision is made in Care
Department for Children and Young
DFE_016 Planning, Placements and Case Review (England)
Education People
Regulations 2010.
Children Act 1989 Schedule 2, paragraph 17 has been
replaced by section 23ZB inserted by the Children and
Young Persons Act 2008.
Secondary - The Definition of Independent Visitors (Children)
Regulations 1991 (SI 1991 892) - replaced by regulation 47
Department for Children and Young of The Care planning, Placement and Case Review
DFE_017
Education People (England) Regulations 2010.
Reviewing looked after children's cases and
appointing an independent reviewing officer
(IRO) for each looked after child.
1989
Contact between a child in care and their family.
1989
Appointing an independent visitor for a looked
after child in circumstances where
communication or visits between the child and
family are infrequent. This duty is to be repealed
with effect from 1 April 2011 and when the new
duty in Section 23ZB comes into force.
1989
From 1 April 2011, appointing an independent
visitor to visit, advise and befriend a looked after
child of a prescribed description and in any other
case in which it appears to the LA it would be in
child’s interests to do so.
The duty to review cases is to ensure that changes to the
child's situation are considered and, where any action is
necessary, that it is identified and taken.
The IRO is intended to ensure planning and case review
are done well, reflect the needs of the child, and take into
account their wishes and feelings.
Duty on local authority to allow the child, subject to a care
order, reasonable contact with his family where the local
authority refuse contact for welfare reasons.
The regulations set out what information must be given to
the child, parents and others where contact is refused and
the circumstances where a section 34 order may be
departed from.
Extends the group of looked after children for whom an
independent person must be appointed to visit, befriend
and advise the child to include all those for whom an
appointment would be in their interests.

Children Act 2004 Section 11 . Duty to make arrangements for ensuring that The aim is to ensure that safeguarding is integral to all that
their functions are discharged having regard to local authorities do.
Department for Children and Young
DFE_102 2004 the need to safeguard and promote the welfare of
Education People
children; and applies where services provided
through a third party.
Children Act 2004 Section 18 Duty to appoint a Director of Children’s services To provide a single line of accountability within the local
to fulfil the functions of the local authority as they authority for services to children and to promote co-
Department for Children and Young
DFE_104 2004 relate to children and young people, including operation to improve children's well-being among partners
Education People
education, children’s social care and local in the local area
partnerships
Children Act 2004 Section 19 Duty to designate a Lead Member for Children’s To provide a single line of political accountability within the
Department for Children and Young Services to discharge functions of the local local authority for services to children and to promote co-
DFE_105 2004
Education People authority as above operation to improve children's well-being among partners
in the local area
Children Act 2004 Section 10 (1) Duty to co-operate’ – to make arrangements to To promote and encourage better co-operation and
promote co-operation between the local authority; partnership working among the various agencies which
each of the authority’s relevant partners, and provide or commission services for children (and families)
such other persons or bodies the authority at every organisational level from strategic planning to front
Department for Children and Young consider appropriate to improve outcomes for line multi agency team work
DFE_106 2004
Education People children. Those outcomes are defined as the five
Every Child Matters outcomes: be healthy, stay
safe, enjoy and achieve, make a positive
contribution and achieve economic well-being

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 Review of Statutory Duties

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Number

Children Act 2004 Section 10(3) Duty to have regard to the importance of parents To highlight the importance of families to children's well-
Department for Children and Young
DFE_107 2004 and carers in improving children’s wellbeing. being in the Children Act 2004.
Education People
Children Act 2004 Section 12A as amended by the Duty to establish a Children’s Trust Board as part To standardise existing arrangements by creating a
Apprenticeship, Skills, Children and Learning Act 2009 of the wider co-operation arrangements. statutory body in every local authority area to oversee the
Department for Children and Young
DFE_108 2009 co-operation arrangements to improve children's well-
Education People
being. The Government has announced its intention to
repeal this requirement.

Education Act 2002 (introduced 1 June 2004) Section 175 Duty on local authorities in relation to their
education functions to ensure that these
functions are exercised with a view to
Department for Safeguarding safeguarding and promoting the welfare of
DFE_096 2002
Education Children children. The authority must have regard to
guidance given by the Secretary of State (in
England)/ Welsh Ministers (in Wales).
Aims to ensure that safeguarding is integral to all that local
authorities do in carrying out their education functions.
Applies to: Local authorities in their education functions
(and also to governing bodies of maintained schools,
governing bodies of Further Education institutions;
independent schools).

Children Act 2004, sections 13. (Sections 14 - 16 refer to the Local authority duty to establish a Local Safeguarding and promoting the welfare of children
functions, procedure and funding of Local Safeguarding Safeguarding Children Board (LSCB), to ensure requires effective co-ordination in every local area. The
Children Boards). representatives of various bodies and of the local LSCB is the key statutory mechanism for agreeing how the
Secondary - Local Safeguarding Children Boards community are included on it, and to co-operate relevant organisations in each local area will co-operate to
Regulations 2006, SI 2006/90. with the “Board partners”. The LSCB co- safeguard and promote the welfare of children in that
Department for Safeguarding
DFE_103 2004 ordinates what is done by partners to safeguard locality.
Education Children
and promote the welfare of children. The LSCB
has a range of specific functions including
serious case reviews, reviews of child deaths
and the production of an annual report.

Safeguarding Vulnerable Groups Act 2006 Imposes various requirements on (among other Duties apply to local authorities and others. Duty to refer
bodies) local authorities, including requirements: and provide information to the ISA is intended to assist ISA
not to employ barred people to do ‘regulated in relation to its barring functions. All duties, save those
activity’; to check that their employees/volunteers relating to subject to monitoring are in force. This is
are subject to monitoring (Independent currently subject to a review
Department for Safeguarding Safeguarding Authority -registered (ISA) before
DFE_126 2006
Education Children permitting them to engage in regulated activity; to
refer individuals to the ISA (e.g. where they are
removed from regulated activity); and to give
information to the ISA on request.

The Local Safeguarding Children Boards (Amendment) To ensure local authorities take reasonable steps To ensure local authorities take reasonable steps to
Department for Safeguarding Regulations 2010 - SI 2010/622 (under Children and Young to ensure representation of schools and further ensure representation of schools (maintained and
DFE_156 2009
Education Children Persons Act 2009) education institutions on the Local Safeguarding independent) and further education institutions on the
Children Boards Local Safeguarding Children Boards
Department for Safeguarding Children Act 1989 section 22 Places a duty on the local authority to apply for a
DFE_183 1989
Education Children placement order in certain circumstances.

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 Review of Statutory Duties

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Number

Children Act 1989 Section 20. Providing accommodation for any child in need in Ensures children are looked after by the local authority in
their area who appears to require circumstances where parents or others are unable to do
accommodation because there is no person with so.
Department for Safeguarding parental responsibility for them, they are lost or
DFE_189 1989
Education Children abandoned, or the person who has been caring
for them being prevented (permanently or not, for
whatever reason) from providing them with care.

Children Act 1989 Section 21 Accommodation for children in police protection

Department for Safeguarding
DFE_190 1989 or detention or on remand (Local authority duty to
Education Children
provide)
Children Act section 25. Secondary - Children (Secure Allows a local authority to make an application to
Department for Safeguarding Accommodation) Regulations 1991 (SI 1991/1505) and the Court to seek a secure accommodation order.
DFE_191 1989
Education Children Children (Secure Accommodation) (No. 2) Regulations (SI
1991/2034).
Children Act 1989 sections 44, 44A, 44B and 45 Allows the Court to make emergency protection
Department for Safeguarding
DFE_192 1989 orders on the application of a local authority (or
Education Children
other authorised body).
Children Act 1989 Section 14A(8) subsection(9) Investigating and preparing a report on the Facilitating the creation of Special Guardianship Orders (a
Department for Safeguarding Secondary - Special Guardianship Regulations 2005 (SI suitability of applicants for a Special way of providing a permanent home for children in care
DFE_198 1989
Education Children 2005/1109). Guardianship Order on receipt of notice of an and ensuring that the applicant is suitable.
individual’s intention to apply.
Education and Skills Act 2008 Section 68. To make available to young people and relevant Local authorities have a statutory duty to ‘assist,
young adults such services as they consider encourage and enable’ young people aged 13-19 (and
appropriate to encourage, enable or assist them young adults with a learning difficulty and/or disability up to
to engage and remain in education or training. the age of 25) to participate in education or training.
The services are currently known as Connexions Services provided under this duty are delivered under the
services. Local authorities must: have regard to ‘Connexions’ brand. The Government announced on 4
Department for any guidance issued by the Secretary of State; November 2010 the establishment of an all-age careers
Young People DFE_150 2008
Education comply with any directions given by the Secretary service by April 2012. These new arrangements will mean
of State relating to the exercise of their functions local authorities no longer provide a universal careers
under section 68; and can fulfil the duty to make guidance offer, but they will retain responsibility for
services available either by providing them itself providing targeted support for vulnerable young people
or by making arrangements with others which and have greater flexibility to do so.
could include other local authorities.

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 Review of Statutory Duties

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Education and Skills Act 2008 Section 69. Secretary of State has the power to issue The establishment of an all-age service will impact on the
directions to local authorities relating to the use of this power, as local authorities will no longer be
exercise of its duty to make support services required to provide careers guidance when supporting
available for effective participation. Directions young people not in education, employment, or training.
may specify the services to be made available to Local authorities use of client management systems to
young people and relevant young adults and the support the work of lead professionals working with young
descriptions of individuals who may be involved people will continue. The systems form the basis of
in ways specified in the direction in providing information used to monitor delivery and performance and
services. This may include: specifying minimum also returned to Department for Education on a monthly
qualifications for personal advisers; requiring the basis.
Department for local authority to secure that it, or its service
Young People DFE_151 2008 providers, co-operate with the provider of the
Education
national telephone helpline and internet based
service for young people, currently known as
Connexions Direct; cooperating with those
exercising functions or providing services relating
to social security or connected with finding
suitable employment, education or training, such
as JobCentre Plus; requirements about the use
of the Connexions brand; requirements as to
record keeping and the provision of information.

Education and Skills Act (2008) chapter 2 section 10 Required to promote the effective participation in Key driver behind Raising the Participation Age.
education or training of the young people in their
Department for
Young People DFE_152 2008 area to 18 (or 25 for those with learning
Education
difficulties or disabilities). The duty is already
enacted but comes into force in June 2013.
Childcare Act 2006 Section 5A Duty to secure sufficient children’s centres to Intended to ensure there are sufficient children's centres in
Department for
Children's Centres DFE_134 2006 meet local need, so far as this is reasonably all local authority areas
Education
practicable
Childcare Act 2006 Section 5C Duty to secure that each children’s centre is Intended to ensure there are advisory boards for all
Department for within the remit of an advisory board children's centres. These provide advice and assistance to
Children's Centres DFE_135 2006
Education children's centre leaders, who are responsible for
managing children's centres
Childcare Act 2006 Section 5D Duty to secure that consultation is carried out Intended to ensure that local parents and any other
Department for before children’s centres are opened or closed or interested parties are consulted about any major changes
Children's Centres DFE_136 2006
Education have significant changes made to services that are proposed to be made to children's centre provision

Childcare Act 2006 Section 5E(2) Duty to consider whether early childhood Intended to ensure that local authorities (and Primary Care
Department for services should be delivered through one of the Trusts and Job Centres Plus) actively consider whether
Children's Centres DFE_137 2006
Education children’s centres in the area services to young children and/ or their parents should be
provided through children's centres.
Childcare Act 2006 Section 98C(3) Duty to produce and publish an action plan after Intended to enable parents and others interested in the
Department for an Ofsted inspection quality of children's centre provision to see how any
Children's Centres DFE_138 2006
Education concerns arising during an inspection are going to be
addressed.

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